JOSEPH DABOUL LTD V CHIEF A. MAJEKODUNMI
August 6, 2025G.A. ODENEYE V OYEYIPO ALAKATA
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 61041
In the Supreme Court of Nigeria
Fri Apr 15, 1977
Suit Number: SC. 452/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
JAMES O. JEGEDE
APPELLANTS
MADAM ALIMOTU L. GIWA
MADAM SIKIRATU L. GIWA
E. BISI LAWANI GIWA
KARIMU KARUNWI
RESPONDENTS
AREA(S) OF LAW
LAND LAW- REFUND OF PURCHASE PRICE
SUMMARY OF FACTS
The appellant purchased a plot of land from the respondents. He later found other persons on the land and sued them for trespass which later became an action for title. In the action for title, he found that the land sold to him was outside the plots belonging to his vendors.
HELD
The court held that the appellant was entitled to a refund of his purchase money because the respondent impliedly covenanted that he had a good right to convey the property.
ISSUES
Whether the expression in the conveyance wherein the defendants -“hereby covenant with the purchaser that they have power to convey and that they have not done in any wise or permitted or suffered to be done any act or anything whatsoever whereby they are prevented from selling the said hereditament constitutes a covenant of title whereon the appellant was entitled to his claim for a refund of the purchase price.
RATIONES DECIDENDI
IMPLICATION OF A COVENANT OF TITLE IN EVERY CONTRACT FOR SALE OF LAND BREACH OF CONTRACT IN A SALE OF LAND
CASES CITED
1. OJIKUTU V. DEMUREN (1975) 2 FSC 72
2. BREE V. HOLBECH (1971)2 DONG KB 664
3. ROLPH V. CROUCH LR 3 EXCH 44
4. SMITH V.COMPTON 1 LJ KB 146
5. BUNNY V.HOPKINSON 29 LJ CH 93
6. WINTER GARDEN THEATRE (LONDON) V.MILLENIUM PRODUCTIONS (1948) AC 173
7. LUGANDA V. SERVICE HOTELS LTD (1969)2 WLR 1056
STATUTES REFERRED TO
Not Available
